Hello, I need your help again :(
You had already hinted at it and now it is clearly showing, the architect/draftsperson (no idea what he is) is a disaster. The building application was full of errors. Now there are two disputed points.
First of all, the point that worries me the most. The architect did not designate the terrace on the garage as a terrace. I pointed this out to him. Now he says because of the boundary distance it is not possible (after we planned everything this way with the construction company and he initially said it would work).
But I read §8 (2) of the State Building Code RLP differently:
"
§ 8
Abstandsflächen
(1) Areas around the exterior walls of above-ground buildings must be kept clear (boundary distances). Within the buildable land areas, boundary distances are not required in front of exterior walls built on property boundaries if, according to planning regulations,
1.
the building must be built without a boundary distance, or
2.
the building may be built without a boundary distance and it is legally secured that the neighboring property is also built without a boundary distance.
If according to planning regulations a boundary distance must be kept, but there is a building without boundary distance on the neighboring property within the buildable land area, then construction without boundary distance may be permitted or required as well. If according to planning regulations a building must be constructed without boundary distance, but on the neighboring property within the buildable land area there is a building with a boundary distance, then a boundary distance may be permitted or required.
(2) The boundary distances must lie on the property itself. They may also lie on public traffic, green, or water areas, but only up to their midpoint."
Next to it is a public walking path/field path. It is at least 6 meters wide. Shouldn't that then be a public green area/traffic area and therefore no problem that we are only 1 meter from the property line with the garage with terrace on top?
Thank you very much! For the other disputed point, I have to scan the building documents, I will do that tomorrow and get back to you then.
Many kind regards!